1. The petitioner has filed the present petition under S.33 of the Arbitration and Conciliation Act, 1997 (hereinafter for short "the Act of 1997"), for setting aside th award dated 27 August, 2009 passed by the Arbitrator (Chief Executive, Wakaf Board).

2. The facts emanating from the pleadings of the parties reveals that an agreement came to be executed between the petitioner and the J and K Wakaf Board on 8th February, 2006, whereby the petitioner was allotted the work of construction of four storeyed shopping complex at Munawarabad Srinagar, at estimated cost of approximately Rs.36.00 lacs. As per clause 34 of the agreement, the differences or questions arising between the parties relating to or in respect or the agreement or the subject matter of the agreement were to be referred to the arbitration of the Chairman of Jammu and Kashmir Board for Specified Wakaf's and Specified Wakaf Properties or his nominee whose decisions were made final and binding on the parties.

3. It seems that disputes arose between the petitioner and the respondent Wakaf Board, whereafter the petitioner filed arbitration petition No.02/2007 before this Court. Vide order dated 03.12.2007, this Court in